The Texas bail bond system gives criminal defendants the right to bail, with the exception of some extreme cases. The Texas Constitution Article 1, Section 11 deals with bail bonds and conditions in which bail may be denied or revoked. If you have been charged with a crime and have questions about the Texas constitution and bail bonds in Angleton, be sure to contact an experienced bail bonds agent to get the answers you need.
Bail under Article 1, Section 11
Article 1, Section 11 states, “All prisoners shall be bailable by sufficient sureties, unless for capital offenses… this provision shall not be so construed as to prevent bail after indictment found upon examination of the evidence, in such manner as may be prescribed by law.” This means that except in capital crimes, everyone should have access to bail if they have the money—with certain exceptions, as the law describes.
Denial of bail after multiple felonies
One exception is the multiple felony rule. Section 11(a) provides that if a defendant has twice been convicted of a felony, commits a felony while on bail for another, is accused of a felony with a deadly weapon after being convicted of another felony or is accused of a violent or sexual offense while out on bail or on parole, bail can be denied entirely.
Denial of bail after violating a condition of release
One of the conditions of being released on bail is that you will not take this opportunity to commit any other crimes—basically, you need to be a model citizen, show up to your scheduled court dates and stay out of trouble. If, however, you’re accused of a crime that involves family violence or is a felony, Section 11(b) stipulates that you can be denied bail “if a judge or magistrate in this state determines by a preponderance of the evidence at a subsequent hearing that the person violated a condition of release related to the safety of a victim of the alleged offense or to the safety of the community.”
Denial of bail for violation of family protective order
Finally, Section 11(c) states that anyone who “violates an order for emergency protection… after an arrest for an offense involving family violence or who violates an active protective order rendered by a court in a family violence case… or who engages in conduct that constitutes an offense involving the violation of an order described by this section” can be taken into custody and their bail can be denied.
In other words, the court takes committing multiple felonies, violating your conditions of release and especially harming your family or violating a protective (restraining) order very seriously. When released on bail, you should follow the conditions of your release—and the advice of your attorney—to the letter, in order to maintain your freedom.
If you’ve been charged with a crime and need help posting bail, call Brazoria County Bail Bonds. We can help you understand the factors that count when it comes to bail bonds and the Texas constitution. Call us today for assistance.